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Delhi High Court - Orders

The Indian Airlines Pilots ... vs M/S Essel Housing Projects Pvt. Ltd on 28 July, 2021

Author: Sanjeev Narula

Bench: Sanjeev Narula

$~14
*        IN THE HIGH COURT OF DELHI AT NEW DELHI
+        OMP (ENF.) (COMM.) 98/2019 & EX.APPL.(OS) 773/2021
         THE INDIAN AIRLINES PILOTS CO-OPERATIVE HOUSE
         BUILDING SOCIETY LTD.                    ..... Decree Holder
                       Through: Mr. Jayant Mehta, Senior Advocate
                                 with Ms. Anu Bagai and Mr. Surya
                                 Kapoor, Advocates.

                         versus

         M/S ESSEL HOUSING PROJECTS PVT. LTD.
                                              ..... Judgement Debtor
                       Through: Mr. Sanchar Anand, Advocate.

         CORAM:
         HON'BLE MR. JUSTICE SANJEEV NARULA
                 ORDER
%                28.07.2021

[VIA VIDEO CONFERENCING]

EX. APPL (OS) 772/2021 (application for directions on behalf of the Decree Holder)

1. On 30th May, 2019, Mr. Tejveer Singh Bhatia, who appeared on behalf of the Judgment Debtor stated that he will secure the up-to-date awarded amount by furnishing a solvent security or depositing the money in the Court.

2. The Court vide its order dated 29th January, 2020 noted the contention of the Decree Holder that the security furnished by the Judgment Debtor was not found acceptable by the learned Joint Registrar and proceeded to direct the Judgment Debtor to file an affidavit in terms of the judgment M/s Bhandari Engineers & Builders Pvt. Ltd v. M/s You One Maharia (JV) Delhi & Ors.1. Thereafter, vide order dated 8th December, 2020, the Court observed that an alternate security had been offered by the Judgment Debtor and accordingly listed the matter before the learned Joint Registrar for its verification and consideration of valuation report.

3. Mr. Sanchar Anand, learned counsel for the Judgment Debtor states that the security offered is still pending consideration before the learned Joint Registrar and refers to the order dated 26th March, 2021.

4. A perusal of the aforenoted order of the learned Joint Registrar indicates that the process of verification of the security; consideration of the valuation report is indeed pending consideration.

5. In view of the above, before issuing directions in the present application, at the first instance, the learned Joint Registrar is directed to expeditiously furnish the report to the Court in terms of the order dated 8th December, 2020 in respect of the alternate security offered by the Judgment Debtor.

6. List before the learned Joint Registrar on 10th August, 2021.

SANJEEV NARULA, J JULY 28, 2021 v 1 Ex.P.276/2012.